Before you move into any building, ensure it is safe

Above: Rescue teams at the scene of the collapsed building in Makongeni, Nairobi. Everything, apart from the number of casualties, time and place, could have been predicted by anyone who has keenly studied Kenya’s badly policed construction industry. PHOTO | NATION

What you need to know:

  • In the past few years, a number of storied structures have come tumbling down. Experts in the construction industry attribute these tragic incidents to greedy contractors, who use shortcuts to avoid paying professional fees. But there steps you can take to protect yourself from being a victim

News of buildings collapsing in Nairobi has become commonplace. Indeed, one collapsed in Huruma at the beginning of this month.

Architect Francis Gichuhi Kamau of A4 Architects attributes the incidents to lack of professionalism, saying developers take shortcuts to avoid paying professional fees.

Citing the case of buildings that on marshland that collapse, he says professional architects and engineers would have advised the contractors on the necessary modifications to ensure that the buildings were structurally sound and, thereby, prevented them from crumbling.

Mr Kamau blames the county governments’ planning departments for not enforcing the construction laws. And while he acknowledges that part of the problem is a shortage of staff, he says the county governments can outsource the necessary services from the private sector.

The architect says the best way to ensure that a building is safe is to contact the architect and engineer(s) involved in its construction and talk to them.

Citizens feel safe in or near buildings because they believe county governments ensure that developers use qualified architects, engineers and quantity surveyors throughout the construction process.

However, the average developer is not aware of the importance of these professionals, so it is the responsibility of county governments to ensure that developers use them, he asserts.

Besides, he notes, there are laws to punish both incompetent contractors and architects, adding that the problem lies in their enforcement.

The construction industry is governed by many laws, including planning laws under the Physical Planning Act (cap 286), which regulates what should be built where, how high, size of plot, etc.; the Building Code, which specifies the materials to be used and the supervision process; and the National Construction Authority (NCA), which registers all contractors and individuals involved in construction work as well as construction professionals.

Indeed, Mr David Gaitho, the vice-president of the African Association of Quantity Surveryors for Eastern Africa notes that most high-rise buildings in the country fall short of the international structural safety standards, with the exception of some in Nairobi’s Central Business District, Upper Hill, Westlands and Hurlingham.

He says buyers and tenants should insist on seeing the occupation certificate since a building certified as habitable must have an occupational certificate.

But they should confirm its authenticity by cross-checking with the lands ministy, suggests Alfred Mango, Principle Architect at Archipoint Architects.

“There are countries where structural audits must be done, and we should be thinking along these lines,” says Mr Gaitho.

Need to educate the public

But there are also genuine cases where developers, especially small-scale or informal ones, cannot differentiate between a professional architect or engineer and a technician, so the government, as well as architectural and engineering bodies, should educate the public, Mr Mango says.

Due to the high number of quacks, chances are that a developer will meet one before a genuine one, which spells doom for the project.

For instance, one of the buildings that collapsed recently was said to have cost Sh20 million. A developer who has Sh20 million can easily afford a few more hundred thousands to hire professional architects and engineers, but probably met a quack — who quoted lower fees — observes Mr Kamau.

“I have personally advised developers to use the right procedures and have succeeded in some cases, while in others I have had to watch helplessly as they bribed their way through county government planning controls and continue to put upbuildings the way they want. Luckily, these buildings are still standing but if a small tremor were to hit Nairobi, they would become instant death traps,” he says.

Mr Gaitho blames substandard buildings on contractors who take shortcuts, as well as the National Construction Authority (NCA), which has failed to enforce the construction laws.

But he adds that the government is also to blame for increasing its approval fees by more than 100 per cent following the formation of counties.

He argues that the move will automatically make many developers shun approvals due to the high fees, adding that the NCA’s levy, which is 0.5 per cent of the construction cost, should be reviewed and a limit set.

The Government, through the local/county governments, has building approval and enforcement mechanisms which, if not working, is due to inefficiency, poor funding or corruption, says Mr Kamau.

The Board of Registration of Architects and Quantity Surveyors (BORAQS) of Kenya is legally empowered to police the industry and weed out quacks.

The laws for punishing quacks exist on paper but are rarely enforced, if ever, says Mr Kamau, adding that making offenders publicly known and a more active role by BORAQS and Architectural Association of Kenya will go a long way in educating the public on the existence of such laws.

Ideally, developers should hire a building design team comprising architects, quantity surveyors, engineers, and planners, and get approval of the architectural and structural designs by the county government, the National Environment Management Authority.

Thereafter they should appoint a registered contractor or individual (who should be confirmed by the NCA) and have the supervision done by consultants and the county government.

“It is critical to note that there is a “green card” that the county government supervisor should complete for each key stage of construction, and on completion, the developer should get an occupation certificate from the county government, which should be availed to the potential tenants or buyer,” says Mr Gaitho.

“We have been talking too much since the Sunbeam canopy collapsed last 20 years ago and it is time the government stopped being reactionary by forming committees every time a building collapses and instead focused on the implementation of the recommendations made in the Sunbeam and Kihonge reports,” says Mr Gaitho.